Photo courtesy Invaluable.com
By Michael Bielawski
The Supreme Court of the US may consider whether expressive car horn honking, which is when someone honks their horn for a non-traffic-related reason, is illegal.
Vermont already has a law on its books concerning the trend. Whether it’s been enforced is questionable.
“The operator of a motor vehicle, whenever reasonably necessary to ensure safe operation, shall give an audible warning with the horn of his or her vehicle but shall not otherwise use the horn when upon a highway,” Vermont 1971 law states.
A court case involving a woman at a political event in California beeping her horn and getting a ticket prompted this issue to be taken up in Federal Court. Details were reported by The National Center.
“On April 7, 2023, the Ninth Circuit Court of Appeals ruled in Porter v. Martinez that a San Diego County sheriff’s deputy had the power to cite a woman who honked her car horn 14 times at a 2017 rally protesting against Representative Darrell Issa. The panel divided 2-1 over the case.”
The case included a petition by advocates for using horns as a form of political expression which reads as follows.
“Since the dawn of the automobile at the turn of the twentieth century, Americans of all political persuasions have honked their cars’ horns to express their support or displeasure and add their voice to the political and civic dialogue of this country,” the petition reads.
It continues, “Although Americans have long sounded the horns of their vehicles to express themselves politically, many states, including California, forbid honking the horn on one’s automobile except to warn of a safety hazard. Officials say hitting the horn excessively dilutes the effectiveness of honking as a means of signaling danger or facilitating the flow of traffic.”
According to the text of that court decision, it was clarified that in some cases beeping a car horn is clearly for non-traffic related situations and therefore it is OK.
“Addressing the merits, the panel determined that at least in some circumstances, a honk can carry a message that is intended to be communicative and that, in context, would reasonably be understood by the listener to be communicative,” the court’s decision states.
It continues, “The panel next held that because section 27001 applies evenhandedly to all who wish to use a horn when a safety hazard is not present, it draws a line based on the surrounding factual situation, not based on the content of expression.”
The court ultimately determined that the law had narrow language specifically focused on public safety and therefore did not violate her rights.
Beeping horns in Vermont for political causes has been a tradition for both liberal and conservative political activists. After Joe Biden was announced by mass media outlets as the winner of the 2020 presidential election, his supporters in Burlington took to the streets to beep their car horns.
When there were demonstrations for Trump in Vermont also for the 2020 election, it also included car horns beeping.
According to a story at Mashable.com, 2020 was a year when honking cars for political reasons took off.
The story states, “Honking is often associated with road rage or used to warn people of impending danger, and because I’m easily startled, even rare friendly beeps from familiar faces trying to say hello make me jump.
“But this year, instead of causing anxiety, the sound of blaring car horns, trucks loudly honking, and cyclical beeps emanating from packed parking lots filled me with pure, unbridled joy.”
The author is a reporter for the Vermont Daily Chronicle